An Agoura Hills woman charged with vehicular manslaughter in the death of a Thousand Oaks teenager more than 10 years ago was sentenced Monday to 270 days in jail and three years probation.
Westlake High School student Nicole Johnson, 17, was at a stoplight on Thousand Oaks Boulevard on May 1, 2003, when her vehicle was struck from behind by a car driven by Diana Shakhov, now 42.
Prosecutors argued Shakhov was driving under the influence of a muscle relaxer when she slammed into Johnson's car without braking. Shakhov's attorney said his client had a severe back spasm that caused her to drive out of control.
Monday's sentence came from a plea deal reached by both sides. Shakhov pleaded no contest to vehicular manslaughter with gross negligence. She will not spend any time in jail because of credit for time served.
If she doesn't violate her probation, it will end after the first year. The felony would be reduced to a misdemeanor and her record would be expunged.
"So it was a deal that frankly , she could not refuse to take", said Howard Price, Shakhov's Beverly Hills-based attorney.
Ventura County Deputy District Attorney Scott Hendrickson did not return calls for comment.
At Shakhov's first trial in 2006, the jury deadlocked with nine of the 12 jurors supporting her acquittal.
Soon after the trial, Shakhov gave birth to a daughter. She also was diagnosed and treated for cancer on her carotid artery and was diagnosed with early onset dementia.
As her case headed to retrial, Shakhov was found mentally incompetent. She was sent to Patton State Hospital, where doctors said she was making up her symptoms. Outside doctors found otherwise, she was sent back to Patton, and the hospital declared her competent to stand trial.
Price said that Johnson's family gave heartbreaking victim impact statements about the girl in courtroom Monday.
"It just breaks your heart", he said, adding that Shakhov also spoke.
"She broke down and was crying. She couldn't understand how the mother could cope with the loss. She dreaded for 10 years, May 1, every year. She felt so terrible for the traffic accident that cause this family such grief and pain and suffering."